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Tag Archives: court
By Adam J. Pollack
To this day, debate continues regarding whether or not former world heavyweight boxing champion Mike Tyson received a fair trial which lead to his conviction for sexually assaulting Desiree Washington. Perhaps the best information regarding the debate is from the appellate court decisions themselves.
Refusal to Allow Impeaching Witnesses to Testify
In his appeal,Mike Tyson argued that the trial court erred when it refused to permit him to call as witnesses three women who came forward during the course of the trial: Carla Martin, Pam Lawrence, and R Renee Neal, all of whom would have contradicted Desiree Washington's version of events.
Martin was anticipated to testify that Martin and Lawrence were in a car parked in front of the Canterbury Hotel at approximately 1:40 a.m. on July 19, 1991, waiting for a friend, Renee Neal. While there, Martin observed a limousine pull in front of the hotel. Martin saw a man and a woman "hugging and kissing" in the backseat of the limousine (who turned out to be Tyson and Washington).Ms. Martin exclaimed to Ms. Lawrence that the two were all over each other. Martin would testify that she then observed the African-American woman with shoulder-length curly hair and Tyson, whom Martin immediately recognized, exit the backseat of the limousine and enter the hotel. As Tyson and the woman entered the hotel together, Martin saw Renee Neal, who was exiting the hotel, bump into the couple. Martin also observed that, as the couple entered the hotel, the woman "move[d] toward Mr. Tyson until their upper bodies appeared to be touching, and she appeared to put her arm in Mr. Tyson's."
Lawrence, if called as a witness, would testify that she heard Ms. Martin remark that the two people in the limousine were all over one another. Ms. Lawrence looked over and saw two persons sitting in the backseat of the limousine in close proximity to one another.
Neal's testimony would be that she "observed the man and woman [who had exited a gold limousine] holding hands as they entered the hotel."
Their testimony would have contradicted Desiree Washington's version of events, for she testified that Tyson hugged and kissed her when she first got into the limousine at her hotel, but no further physical contact occurred in the limousine thereafter, and that she walked into his hotel behind him, not arm-in-arm or holding hands.
The trial judge ruled that the witnesses had come forward too late, and that the Defendant took too long to notify the Court about their existence and intent to use them. The trial began on January 27, 1992. The witnesses came forward to the defense team on January 30, 1992. The prosecution was first notified about the witnesses on February 2, 1992.
In Tyson v. State, 619 N.E.2d 276 (Ind.App. 2 Dist., 1993), in a 2 to 1 vote, the Indiana Court of Appeals refused to reverse his conviction and grant Tyson a new trial. The Court agreed that it was clear that the anticipated testimonywould have contradicted the testimony of Washington that there was no physical contact between her and Tyson after the limousine left her hotel.
Nevertheless, as impeaching evidence, the Courtof Appeals held that the excluded testimony was cumulative. Washington was impeached on other points, including the details of the rape. For example, fellow Miss Black America pageant contestant Madeline Whittington testified that Washington told her she was going out with Tyson and stated, "This is Mike Tyson. He's got a lot of money. He's dumb. You see what Robin Givens got out of him."
Pasha Oliver, one of Washington's roommates during the pageant, testified that Washington told her Tyson restrained her during the rape by pinning her wrists together and covering her mouth with his arm or hand, and that she asked Tyson to take her home after the rape and he refused, which made her angry. Again, Washington expressly denied both of these things.
Further, there was additional testimony that Washington gave conflicting accounts of how the incidents in question occurred.
The majority noted that the dissent argued that the excluded testimony was not cumulative, but "is different in kind and character from other evidence adduced at trial." It made this statement based upon the conclusion that "the manner in which Tyson and D.W. acted toward each other shortly before the acts complained of has extreme relevance to whether or not Tyson might have reasonably believed, from all the surrounding circumstances and events, that D.W. consented even though as a factual matter she did not consent."
Yet, ultimately the Court of Appeals held that the evidence of the conduct that occurred between Tyson and Washington in the limousine before they entered the hotel and their conduct as they entered the hotel was not crucial, considering the spectrum of evidence that corroborated the determination that Tyson reasonably and honestly believed Washington would consent to sexual conduct in the future, and the spectrum of impeaching evidence that was admitted during the course of the trial, including Washington's inconsistent descriptions of the critical details of the conduct that occurred in Tyson's hotel room. Therefore, the Court of Appeals held that the trial court did not abuse its discretion in determining that the testimony of Martin, Lawrence, and Neal was not vital to Tyson's defense.
Exclusion of Evidence of Desiree Washington's Prior Sexual History and Incidents With Her Parents
Tyson also argued that the State's examination of Washington, as well as its opening and closing arguments, left the jury with the impression that she was a "sexual innocent whose religious beliefs prohibited any premarital sex and who was far too naive to understand the implications of going to Tyson's hotel room in the middle of the night." Tyson cited portions of Washington's testimony which he asserted created an impression of innocence, including that she was active in her church, a doer of good deeds, and an award-winning student. He contended that the State's characterization of her during opening and closing arguments as a "kid" with "eyes this big" who put on her "jammies" before bed and who expected to go home "the same girl" after her date with Tyson further enhanced this image.
Hence, he argued that he should have been able to challenge and impeach this impression of an "angelic image" by cross-examining her about her sexual history and prior sexual conduct. However, the Court of Appeals held that Tyson's legal counsel failed to preserve the issue, even though it specifically requested to be allowed to enter such evidence into the record, and the judge refused.
Tyson further argued that the trial court erred in preventing him from referring to incidents between Washington and her parents which would have given her a motive to fabricate the rape charge. Again, the Court of Appeals held that counsel failed to preserve the issue properly, even though his counsel had requested to admit the evidence and make an offer of proof, which request was denied.
Admission of Hearsay Evidence
Tyson argued that the trial court erred by admitting into evidence an audio tape of the phone call Washington placed to 911 24 hours after he allegedly raped her. The Court of Appeals ruled that at most, it was harmless error.
Erroneous Jury Instructions
Tyson argued that the trial court should have provided the jury with several requested jury instructions, which was prejudicial to him. He wanted instructions regarding mistake of fact and reasonable belief. He argued that even if in fact Washington in her own mind was not consenting, if a reasonable person in Tyson's position mistakenly believed that she was consenting, then he could not be found guilty.
Tyson testified, "I believe that we had both made it clear earlier that day what was going to happen. … I'm sure we made it clear." Tyson testified that earlier in the day, soon after he had met Washington, he explained to her "that I wanted to fuck her," and she responded, "Sure, just give me a call." At nearly 2 a.m., he picked her up from her hotel, she went with him to his hotel, and they went into his hotel room and had sex.
He said Washington responded in a positive manner to his kissing in the limousine while riding to his hotel, and that while he was kissing her in the hotel room she was "dropping her jacket, you know, getting her jacket off quick." He also testified that he complied with Washington's request not to ejaculate in her and that he asked her to stay the night.He further testified:
Q.: Did you undress her?
A.: I did.
* * * * * *
Q.: What happened then, Mr. Tyson?
A.: As I'm kissing her, she's moving fast. I'm kissing her. She dropping [sic] her jacket…. I'm kissing on her neck and I'm kissing her around the ears, the back of her neck, her chest, her nipples, her stomach, and I believe she had a white shirt on as well. She's trying to get that off. So I came back while she was taking it off and she had taken off those shorts–she had some shorts. She took off her shorts. I took my shirt off at the time. She had took [sic] off her underwear and the underwear dropped to her knees, and I pulled the underwears [sic] off, and then I took off–I had shorts that I had took off [sic]. I continued kissing on her body.
Q.: Then what happened?
* * * * * *
A.: We were having oral sex a little while, and she had told me to stop, and she had told me to come up, come up. She said, "No, come up."
Q.: Meaning what?
A.: Indicating that she wanted me to insert my penis in her.
* * * * * *
Q.: And what did you do then?
A.: She had told me not to come in her. She said, "Don't come in me, don't come in me. I'm not on the pill," and I pulled back and I ejaculated on her stomach and her leg.
Washington testified that when Tyson saw she was crying during the rape and after the two acts of criminal deviate conduct (oral and digital sex), he asked if she wanted to "get on top," to which she responded in the affirmative without "then explaining to him that she agreed to go on top only because she thought it would enable her to get away," and that she asked Tyson to, "Please put a condom on" and said, "I don't need a baby." Tyson argued that such statements would give a reasonable person the belief that she was consenting, even if she was not.
Washington's testimony on direct examination included:
A.: I walked out of the room, out of the bathroom … and then I glanced over and I saw the Defendant in his underwear….
Q.: What was your reaction?
A.: I was terrified.
Q.: What did you say?
A.: "It's time for me to leave."
Q.: Like that?
A.: Yeah.
Q.: And his response?
A.: "Come here." And he grabbed my arm, and then he was, like, "Don't fight me. Come here," and then he stuck his tongue in my mouth.
Q.: What did you do?
A.: Just pulled back…. He started saying, "Don't fight me." I tried to fight him…. It was like hitting a wall. It didn't do anything.
Q.: What did he do next?
A.: He started taking off that outer jacket that I had on. He started taking that off, and I'm like, "Get off me. Stop. Get off me," and he just kept going. Then the next thing I knew, he put me down on the bed or slammed me actually down on the bed, and he started grabbing the rest of the stuff down, and he kept kissing me and kept saying, "Don't fight me, don't fight me, relax, don't fight me."
Q.: Did you try to negotiate with him?
A.: Yeah. That was after he put his hands in me, his fingers, in my vagina.
Q.: Okay, How did he get his hand down there?
A.: He was between my legs, and he just put his fingers in there, started jamming them in really, really hard, and that's when tears started to come to my eyes, and I was, like, "Owww, please, stop."
Q.: Did you mention to him that you were worried about pregnancy?
A.: Yeah. That was–he started to pull out his penis, and he was over me, and I just freaked out and I started saying anything because I knew that hitting him and stuff wasn't going to help me. So, I just started saying anything that I could think of, like, "Please, I have a future ahead of me. Please, I have college. I can't have a baby. What are you doing?" You know, "Please put a condom on." I was just–anything to get him off of me so that I could get out of there, and he was just, like, "Well, I don't have anything and I know that you don't." I'm like, "Please, I don't need a baby. I don't need a baby." I was begging him. I was saying anything that I could say to him, and nothing worked. He was just, like, "So we'll have a baby," and he just jammed himself in me…. [H]e exposed his penis.
Q.: What did he do then?
A.: He jammed it in my vagina.
Q.: What did you do?
A.: I screamed out–not screamed, but I was like, "Owww," and then I just started crying and I–
Q.: Pain again?
A.: Yes.
Q.: Did you tell him you hurt?
A.: Yes…. It was just excruciating. It just hurt. He just slammed himself in me. It just felt like someone was ripping me apart. I don't know how to explain it. It just hurt.
Q.: Okay. What efforts, if any, did you make to try to get loose, to try to get away?
A.: I was trying to punch him and stuff like that. I was trying to back up. I was trying to do a lot of things. Nothing worked.
Q.: Okay. What's he doing while you're trying to do all this?
A.: He was telling me not to fight him, and then he started saying, "Don't fight me, mommy. Don't fight me," and he just kept going. He just kept slamming himself really hard.
Q.: Did you change position?
A.: At one point, he said, "Oh, you're crying," and he stopped for a second and his voice started to, like, be a little bit normal again, and then he just turned evil again, and really mean, and his eyes got all mean, and he just kept going really hard, and then he goes, like, "Well, do you want to be on top?" and I thought I could get away. So I said, "Yeah," and I was crying when I said it, and he flipped over. Then I tried to get away, and he was, like, "I told you not to fight me," and he slammed me back down again and rolled back over again.
Q.: Okay. Do you have any idea as to how long he remained inside of you?
A.: Until he was done…. Until he ejaculated.
Q.: Did you see him do that?
A.: Yes.
Q.: Tell us what he did.
A.: He pulled back and there was stuff coming out, and he said, "I told you I wouldn't come in you. Don't you love me now."
Q.: He said, "Don't you love me now?" and what was your response?
A.: I just looked at him like I was disgusted.
Tyson argued that "[a] properly instructed jury could have found (or entertained a reasonable doubt) that these exchanges could have led a reasonable person to believe that Desiree Washington consented, even if in her own mind she may not have been consenting." The Court of Appeals upheld the trial court's rejection of his proposed jury instructions, holding that the facts did not merit such instructions.
Prejudicial Closing Argument
The defense argued that prosecutor Greg Garrison improperly prejudiced the jury when in closing argument he read edited portions of U.S. Supreme Court Justice White's dissenting opinion in United States v. Wade,388 U.S. 218 (1967). The portions read stated,
"Law enforcement officers have the obligation to convict the guilty and to make sure that they do not convict the innocent. They must be dedicated to making the criminal trial a procedure for the ascertainment of the true facts surrounding the commission of a crime. To this extent our so-called adversary system is not adversary at all, nor should it be. But defense counsel has no comparable obligation to ascertain or present the truth. Our system assigns him a different mission. He must be and is interested in preventing the conviction of the innocent, but absent a voluntary plea of guilty, we also insist that he defend his client whether he is innocent or guilty. The State has the obligation to present the evidence. The defense counsel needs to present nothing, even if he knows what the truth is. He need not furnish any witness to the police or reveal any confidence of his client or furnish any other information to help the prosecution's case. If he can confuse a witness, even a truthful one, or make him appear at a disadvantage, unsure, or indecisive, that will be his normal course. Our interest in not convicting the innocent permits counsel to put the State to its proof, to put the State's case in worse [sic] possible light regardless of what he thinks or knows to be the truth. In this respect, as part of our modified adversary system and as part of the duty imposed upon honorable defense counsel, we countenance or require conduct which in many instances has little, if any, relationship to the search for the truth."
The Court of Appeals held that the objection was not preserved properly, because Tyson's counsel objected only to the prosecutor reading case law in general, not the particular case.
Selection of the Judge by the Prosecutor
Tyson argued that he was denied due process because the prosecutor was able to select the trial judge who would preside over his case. He argued that the current system of assigning criminal cases to particular divisions in Marion County erroneously permits the prosecutor to determine the particular room within the criminal division to which a case is assigned, for the prosecutor knows which judge handles cases in which room. It was fundamentally unfair to allow the prosecutor to choose the judge he wanted;the inference being that a different judge might have issued different rulings throughout the trial.
On July 29, 1991, the Marion County prosecutor filed a petition requesting that a special grand jury be convened to investigate Washington's allegations against Tyson. Pursuant to Indiana law, IC 35-24-2-14 (1988), the prosecutor could file this petition with any judge in Marion County; and he chose to file it with Judge Gifford, who was presiding in Room 4 of the criminal division. In this way, the prosecutor selected the particular room and, in the absence of a valid motion for change of judge, selected Judge Patricia Gifford as the presiding judge.
The Court of Appeals ruled that because Tyson failed to show that he was prejudiced in any way by the selection of the particular room or judge, he was not deprived of his due process rights.
And yet, the Court of Appeals also said,
"However, we strongly urge the criminal division of the Marion County Superior Court to change the method by which cases are assigned to the rooms in the division. The existing system of filing cases is totally inappropriate and must be abandoned in favor of a system in which the prosecutor cannot control the assignment of a case to a particular judge. Presently, the criminal division of the Marion County Superior Court lacks the appearance of impartiality that is required to maintain the confidence of the public and the accused in the system."
Despite this "totally inappropriate" method which "lacked the appearance of impartiality" required to maintain the confidence of the public and the accused in the system, Tyson's conviction was not reversed.
The Dissenting Opinion
In his strong dissent from the majority opinion, Judge Patrick Sullivan argued that Tyson's conviction should be reversed and he should have been granted a new trial. He believed that Tyson had not been afforded a fair trial or a level playing field. "My review of the entire record in the cause leads me to the inescapable conclusion that he did not receive the requisite fairness which is essential to our system of criminal justice."
This judge believed that the three excluded witnesses for the defense should have been allowed to testify. Defense counsel could not have revealed the witnesses sooner, because they were not yet known. Further, they had a duty to conduct a reasonable investigation before seeking to add witnesses. They acted reasonably and diligently.
"Not only was there no discovery order breach, there was no delay, substantial or otherwise. Even if there were some degree of unexplained delay, given the absence of bad faith upon the part of the defense, the State at most would be entitled to a continuance. … Failure to request a continuance constitutes a waiver of an alleged discovery breach. … Not only did the State not seek a continuance, it categorically stated that it did not want a continuance."
This judge recognized the potential importance of the excluded testimony:
"The State's position with respect to the prejudice to its presentation of evidence becomes somewhat schizophrenic, and most certainly inconsistent. On the one hand, the State attempts to diminish the importance of the testimony of the three witnesses by asserting that it would have had minimal impact upon the issues and was meaningless as merely cumulative. On the other hand, the State has acknowledged that the excluded testimony might have grave implications for a successful prosecution. It so indicated by emphasizing the great lengths to which the State would have to go to combat this testimony. It is clear that the State did not think the evidence to be merely cumulative. The State was very concerned "given the impact of these witnesses on this case, given the notoriety of this case, given what this case is all about…. These witnesses clearly would have been telling a story wholly different than the story we had." …
As earlier noted, we are restricted in validating the ruling of the trial court to the reasons she gave. The trial court did not base its exclusion of the testimony upon a determination that the proffered evidence would merely be cumulative. The majority here, however, utilizes a conclusion to that effect to affirm the ruling. In doing so it errs."
The dissenting judge also believed the majority confused the differences between cumulative and corroborative evidence in its justifications.
"It is my view that the majority erroneously or inadvertently uses the term "cumulative" interchangeably with the term "corroborative". Cumulative evidence is that which goes to prove what has already been established by other evidence. … Corroborative evidence tends to corroborate or to confirm while cumulative evidence merely augments or tends to prove what has already been proved. … Evidence which brings to life some new and independent truth of a different character, although it tends to prove the same proposition or ground of claim before insisted on, is not cumulative, within the true meaning of the rule….
The testimony sought to be admitted here was different in kind and character from other evidence adduced at trial. It went to an issue or issues and to facts or observations not covered by other evidence. It was not cumulative. It may have been in the nature of corroboration with respect to the crucial facts surrounding and immediately preceding the sexual acts but that very aspect of corroboration is what made the exclusion of the evidence prejudicial to the defense."
The dissenting judge took the majority to task for calling the evidence merely impeaching, as if that was not crucially important to the defense, and also noted that Tyson's proposed jury instructions regarding mistake of fact should have been provided to the jury:
"One aspect of the majority opinion considers the excluded evidence as merely impeaching in nature and holds that it was merely cumulative of evidence which impeached D.W. "on other points". … I strongly disagree. Even if the offered evidence were to be construed solely as impeaching, impeachment upon one issue is not cumulative of impeachment upon other issues. …
The evidence of record, to which the excluded evidence is thought by the majority to be cumulative, demonstrates that the jury was entitled to believe that there was consensual sexual contact in the hotel room. There was testimony to that effect from Reverend Katherine Newlin, who attended D.W. at the hospital. … At a very minimum, such testimony gives rise to a strong and reasonable inference of consensual sexual contact in the hotel room. It is baffling indeed, therefore, that the majority proceeds to cavalierly discount the defendant's reasonable belief contention.
The manner in which Tyson and D.W. acted toward each other shortly before the acts complained of has great relevance to whether or not Tyson, at the time, might have reasonably believed, from all the surrounding circumstances and events, that D.W. was consenting–even though as a factual matter she did not consent. …
The issue is not whether Tyson reasonably believed that D.W. would consent. It is whether he reasonably believed that she was consenting. In this sense, then, the exclusion of the testimony from Martin, Neal and Lawrence was particularly prejudicial and that prejudice was magnified by the failure to give instructions with respect to mistake of fact, reasonable belief or to instruct that the degree of culpability, i.e., knowing, was applicable to the essential element of compelling force.
In holding that the evidence excluded was "only minimally corroborative of Tyson's testimony" with respect to D.W.'s receptiveness to Tyson's physical advances, the majority usurps the jury function. It is totally inappropriate for this court to convert speculation as to the credit and weight which a jury would give certain evidence or the impact of such evidence upon their consideration of other evidence into a holding as a matter of law.
Without question there was error in excluding the testimony of Ms. Martin, Ms. Neal and Ms. Lawrence. Without question that error was not harmless beyond a reasonable doubt."
This judge believed that "the excluded testimony of Ms. Martin, Ms. Neal and Ms. Lawrence would have added to the factual mix before the jury and may have reasonably tipped the deliberative balance in favor of acquittal."
Tyson's Second Appeal
In Tyson v. State, 626 N.E.2d 482 (Ind.App. 2 Dist., 1993), Mike Tyson alleged that his conviction should be reversed as a result of newly discovered evidence, which was that all along Washington had planned to sue Tyson in civil court, despite previous claims to the contrary.
However, the Indiana Court of Appeals held that Tyson's counsel had failed to ask Washington if she expected to receive any monetary benefits from her experience; if she had retained a lawyer named Ed Gerstein to pursue a civil suit; if she had any written agreement with Gerstein; if she had contemplated bringing a civil suit; if she had the present intent to sue Tyson; if she had discussed selling her media rights with anyone; if she wanted to sell or had contemplated selling her media rights; or if she believed she could exploit her experiences with Tyson in any other way.
Nevertheless, Tyson argued that his attorney's lack of diligence should be excused because Washington and her parents, in their depositions and at trial, testified perjuriously, falsely, or misleadingly in order to obscure his ability to discover the family's financial motives. In particular, Tyson claimed he was unable to put the "critical fact" before the jury that Washington had consulted with attorney Ed Gerstein "with a view towards instituting a civil action against Tyson" because "[t]he Washingtons took the position, at their depositions and before the jury at trial, that Gerstein … was retained only for defensive purposes…."
Although Judge Sullivan concurred with the majority in this ruling, he noted his belief that indeed, "D.W. and her parents gave misleading testimony."
"While I agree that Tyson's counsel failed to use reasonable diligence to discover the full details of the retainer agreement between D.W. and Edward Gerstein, I am unable to agree with the majority that the testimony of D.W. and her parents was not misleading. Although perhaps many of the various answers given with respect to the relationship with Gerstein were literal responses to the questions as phrased, and although the witnesses certainly had no duty to volunteer information, in light of the facts known by the witnesses, the answers were misleading.
D.W.'s answers carried the clear implication that Gerstein was retained only to "help me through this", i.e., the criminal trial, and that when the trial was over, her parents would pay him. Additionally, she belied the fact that she was the client when she testified that Gerstein was counsel for the family. More importantly, when asked whether there had been any discussions between Gerstein and the family concerning compensation, she unequivocally said: "No." …
Mrs. Washington testified that Gerstein was counsel for the family but that there was no written agreement relating to the relationship. In light of the fact that Mrs. Washington was a signator to the retainer agreement between Desiree Washington and Gerstein, that answer was also misleading.
Mr. Washington, also a signator to the agreement between D.W. and Gerstein, stated that he had retained Gerstein's services but categorically stated that the purpose was "to help ward off the media"… He also denied that any consideration whatsoever had been given to the possibility of a civil suit against Tyson. … Further, he denied that he had a contingency fee agreement with Gerstein and stated that his only agreement was to pay expenses. Again, in the context of the facts, the natural and logical implication of the testimony of all three witnesses was that there was no contingent fee agreement with Gerstein with regard to representation in civil proceedings.
In point of fact, the retainer agreement was entered into and signed on August 1, 1991. Although Donald C. Washington and Mary B. Washington were signators, as well as D.W., the agreement clearly states that D.W. is the only client–not the "family" and not Mr. and/or Mrs. Washington. It also clearly spells out that the purpose of the agreement is not to get D.W. or the family through the criminal trial or to "ward off the media," but rather was to procure legal representation regarding possible civil liability on the part of Tyson and others as a result of the "incident" of July 19, 1991.
If the information given by these witnesses were the only information available to defense counsel, the deposition and trial answers would have been sufficiently misleading as to indicate that further inquiry or issuance of a subpoena ducestecum would be wasteful and unavailing."
Nevertheless, this judge believed that based upon the knowledge already possessed, Tyson's trial counsel simply did not ask the right questions. Hence, the lack of due diligence defeated Tyson's "newly discovered evidence" argument, despite the fact that his counsel had been misled.
The Indiana Supreme Court declined to consider or hear Tyson's appeal at all, deadlocked at 2-2 in its vote whether to consider the case for further review (the fifth judge recused himself). A majority vote was needed. Hence, the Court of Appeals' decision stood.
Author Adam J. Pollack is the owner of winbykopublications.com, has written several books about early heavyweight champions, is a boxing referee and judge, and is a practicing attorney in Iowa City, Iowa.
More Columns
Rematch Chaos: Team Klitschko To Take Team Fury To Court
Rematch Chaos: Team Klitschko To Take Team Fury To Court
By: Sean Crose
"Some big news coming in the next few days!"
So tweeted undefeated heavyweight kingpin Tyson Fury this week. Yet there was some other big news that rattled the fight world, and that came from the camp of arch rival Wladimir Klitschko, who Fury is supposed to rematch this fall.
"Unfortunately," Klitschko claimed on a twitter video, "team Fury is trying to change the terms of an already-signed contract multiple times and it is going on endlessly. To protect my own rights and eventually see the rematch, I am forced to go to court." Add all this to the PED allegations Fury is facing at home in England and it's clear this is a chaotic time for the man known as The Gyspy King.
In a sense, however, this almost could be seen as par for the course for the enormous Englishman. While it's no surprise that Fury isn't afraid to speak his mind, it was notable earlier this year how much weight the guy had gained while enjoying the fruits of his labor after reaching the peak of the heavyweight mountain. What's more, Fury spoke of losing interest in the sport of boxing. On top of all that, the Klitschko rematch, which was set for this summer, was pushed back after Fury hurt himself in training.
Some are claiming Fury is avoiding the rematch this October. Perhaps this is true, but anyone who followed Fury's training camp on video this spring and summer would be hard pressed to say Fury didn't look serious. Indeed, the man took off a ton of weight in a short period of time, seemed to be working very hard and appeared to have his mind in fighting shape. Looks can be deceiving, of course, so it's yet to be clear what exactly the problem is. Needless to say, queries directed to team Fury and team Klitschko yesterday have so far gone unanswered.
To be sure, this is a match well worth seeing go down. While it's true, the original fight was a snooze fest for many, it remains one of the biggest upsets of recent times (though not to this author) and fans have a right to be curious as to whether or not Fury's victory was a fluke, or if Klitschko is truly on the way down as a fighter. It may be easy to write off both men, but their formidable records – Fury is 25-0, while Klitschko is a whopping 64-4 – indicate underrated skill sets. Needless to say, it would be nice to see who the better man truly is in the ring.


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Insight will always request your consent to send you marketing communications - as per the Information Disclosure section below you may opt-out of this whenever you wish.
Our legal basis for collecting and using the personal data described above and in this Privacy Policy will depend on the personal data concerned and the specific context in which we collect it.
However, we will normally collect personal data from you only (i) where we have your consent to do so, (ii) where we need the personal data to perform a contract with you, or (iii) where the processing is in our legitimate interests and not overridden by your rights.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal data).
We will process your information for the purposes of operating our website and communicating with you as necessary to provide our services to you and in our legitimate commercial interests, for instance, when responding to your queries, undertaking marketing activities, improving our website and services or for the purposes of detecting or preventing illegal activities.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided below.
Insight, its service providers or other third parties may set cookies for your web browser when you visit our website, use our products or visit a website where Insight provides ads, content or analytics.
Use of cookies by Insight
Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Cookies may be used to store items such as identifiers and user preferences. A website may set a cookie to the browser used if the browser's preferences allow it.
Generally, we use cookies in order to improve the user experience of this website in particular with customized content, tell us which parts of the websites the users have visited, keep track of your preferences while you are using Insight services, provide enhanced services, remember the location and language settings for individual users, provide general internal and customer analytics, and support security measures.
Operational Cookies
Operational Cookies are required for the proper operation of the Insight website, allowing you to move freely around and use secure areas of our website. These cookies allow our web pages to load faster and improve service performance. Generally, we use the following cookies:
· cookie_banner_closed - This is an operational cookie used by Insight to display a cookie and privacy message at the bottom of our website. When the cookie banner is closed this cookie is set on your browser and the message will not display again, unless you clear your cookie history in your browser, then it will re-appear. Any data collected will not be shared with any 3rd party.
· secure_cookie- This is an operational cookie used by Insight to prevent any 'hijacks' while you are using our site, by making the session secure. Any data collected will not be shared with any 3rd party.
· pst_* - This is an operational cookie used by Insight so when you log into our website and close down your browser without logging out, we then keep you persistently logged in, we will prompt you to log back in to re-confirm who you are. Any data collected will not be shared with any 3rd party.
· pref- This is an operational cookie that is used to set your language preference by Insight. The next time you visit our site your language will be set for you. Any data collected will not be shared with any 3rd party.
· sess- This is an operational cookie which allows you as a user to use Insight's website, it makes our site work. This is called a session cookie and temporary in it use. Once you close your browser the session cookie is no longer used. Any data collected will not be shared with any 3rd party.
· Insight_locale - This is an operational cookie which shows which local Insight website you are accessing. Once you close your browser the cookie is no longer used. Any data collected will not be shared with any 3rd party.
Third Party Cookies
With respect to analytics, we use cookies from third-party service providers. For each third party cookie used, you can find below a description and a link leading you to the privacy policies of these third parties for further inquiries. We use the following third party cookies:
1. This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies to help the website analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
a. These cookies are called _utma, _utmz, _ga, _gid and attribution_x_
b. For more information on Google's privacy and cookie policy, please visit Google's privacy policy http://www.google.com/privacy/privacy-policy.html.
2. This website uses Marketo Munchkin cookies ("Marketo"). Marketo's cookie allows us to track repeated visits to the website, and link each visit to the information voluntarily provided by the visitor. For example, if the visitor is asked to provide us with name, company name and email address, we will know the identity of the visitor when they visit the site at a later date. We also use Munchkin to track email open rates and click through rates, allowing us to manage the email marketing experience. By using this website you are consenting to the above use of your data.
a. These cookies are called _mkto_trk and _mktoLearn
b. For more information on Marketo's privacy and cookie policy,
please visit Marketo privacy policy: http://www.marketo.com/trust/legal/privacy.
This site uses "AdRoll" and third party advertisers cookies. We work with an advertising service partner AdRoll Group, which set cookies and collects information from your browser across the web and infers connections between your browsers and devices. This information is used to better understand your interests in order to select and deliver relevant advertising and offers, manage the frequency of the ads you see, provide measurement and reporting about the performance of ads and help AdRoll and us better understand web audiences.
The AdRoll platform uses cookies, tracking pixels and related technologies to provide advertising services for Insight. Tracking cookies enable AdRoll to identify your device when you move between different Digital Properties, so that we can serve targeted advertising to you.
a) You can opt out of receiving personalized ads served by us or on our behalf by clicking on the blue icon that typically appears in the corner of the ads we serve and following the instructions provided or by clicking here.
b) Read AdRoll's privacy and cookie policy, here: https://www.adrollgroup.com/privacy
Rich Relevance
This site uses "RichRelevance" cookies. Rich Relevance's cookies collect data from your browser which includes information such as your IP address (which in certain instances may be truncated or rendered pseudononymous), a unique Customer ID number, the date and time of use, and your activity on our website.
Rich Relevance cookies enable us to save your preference information to improve the quality of our website to offer you a better experience through more personalized recommendations and advertisements via website and email. These technologies are also used in analysing trends, administering the site, tracking users' movements around the site and to gather demographic information about our user base as a whole.
Rich Relevance cookies do NOT capture information on:
· Your personal identity
· Your home address
· Your shopping activity across different retailer's sites
· What you are doing right now
Rich Relevance cookie list https://www.richrelevance.com/cookies-list/
Read Rich Relevance's privacy and cookie policy, here: https://www.richrelevance.com/privacy/
Adobe Target
This website uses "Adobe Target". Insight uses Adobe Target cookies to give us the ability to test which online content and offers are more relevant to visitors through A/B and multivariate testing.
Cookie Name mbox
The cookie keeps a number of values to manage how your visitors experience Target campaigns:
Session ID A unique ID for a user session. By default, this lasts 30 minutes.
Pc ID A semi-permanent ID for a visitors browser, this last until the cookies are manually deleted.
Check As simple test value used to determine if a visitor supports a cookie.
Disable Set if visitor's load time exceeds the timeout configured in the mbox.js.file. By default, this lasts one hour.
a) Read Adobe's cookie policy, here: https://marketing.adobe.com/resources/help/en_US/whitepapers/cookies/cookies_privacy.html
b) Adobe Experience Cloud's full list of cookies https://marketing.adobe.com/resources/help/en_US/whitepapers/cookies/
c) You can opt-out of all counting and content delivery https://marketing.adobe.com/resources/help/en_US/target/target/t_cookie_deleting.html
This website uses Usabilla. Usabilla for websites passive feedback and Usabilla In-Page feedback widgets do not use cookies or localStorage. Cookies are only used if Insight run a targeted feedback campaign. This cookie will be used to track whether users are new or returning visitors and to then show the campaign to the right users.
Besides cookies, Usabilla stores localStorage objects in the browsers of your users when Insight use the campaign functionality. For each activated campaign, Usabilla will add one localStorage object. This localStorage serves the purpose of ensuring that the right users see the right campaign at the right time.
Read more about Usabilla's cookies and localStorage, here: https://support.usabilla.com/hc/en-us/articles/115003780472-Usabilla-cookies-and-localStorage
This websites uses "Vidyard" to host video content. Vidyard provides granular, user-based analytics about viewers of our video content by using in-browser technology to track content viewers (either localStorage or browser cookies).
The first time a viewer loads a Vidyard Player, we assign them a generated ID. This ID is then sent with each analytics update in order to track the individual viewers who have watched content. Browsers allow us to save this generated ID so that future viewing sessions from this viewer can be associated to the same generated ID.
Vidyard players are designed to keep track of how viewers behave, so every video hosted in a Vidyard player keeps track of everyone who visits.
Vidyard matches a viewer's generated ID with the viewing behaviour data that the player captured. Vidyard then uses the generated ID to match viewers with any metadata that we know about them (such as email address or location).
View Vidyard cookie and advertising policy, here: https://www.vidyard.com/cookies/
This website uses "HotJar" . We use Hotjar in order to better understand our users' needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don't like, etc.) and this enables us to build and maintain our service with user feedback.
Hotjar uses cookies and other technologies to collect data on our users' behaviour and their devices (in particular device's IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our website). Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor Insight will ever use this information to identify individual users or to match it with further data on an individual user. For further details, please see Hotjar's privacy policy here https://www.hotjar.com/legal/policies/privacy
You can opt-out to the creation of a user profile, Hotjar's storing of data about your usage of our site and Hotjar's use of tracking cookies on other websites by following this https://www.hotjar.com/legal/compliance/opt-out
This website uses Cvent in conjunction with Marketo to manage our live events and seminars and we use the following Cvent products:
· Cvent Event Management
· OnArrival onsite solution
· CrowdCompass by Cvent
Cvent uses cookies or similar automatic data collection technologies as individuals interact with Cvent Applications to collect the following personal data as follows:
· When users voluntarily and explicitly enter personal data by registering or checking in for an Insight event.
· When a customer downloads a Cvent mobile application
· When a customer voluntarily responds to an event online survey.
· Automatically, as customers interact with Cvent applications, using commonly used information gathering technologies such as cookies.
How will that information be used?
· If a Customer registers for an event, we will use their provided e-mail address to send them information and announcements relating to that event.
· Post-event the customer will be sent a survey to provide event feedback.
Cvent does not use customers personal data for any purpose other than to provide services contracted. Data is aggregated and anonymised so it does not identify an individual.
Cvent will load session and persistent cookies which will identify a user's individual web browser or device through an IP address, browser version, operating system
Read Cvent's cookie and privacy policy, here: https://www.cvent.com/en/privacy-policy
LinkedIn Conversion Tracking
Insight uses LinkedIn conversion tracking to measure the impact of our paid advertising campaigns. The data collected enables us to see how our ads lead to valuable actions on our website such as content downloads, sign-ups, purchases and more.
The LinkedIn Insight Tag enables the collection of data regarding members' visits to our website, including the URL, referrer, IP address, device and browser characteristics, timestamp, and page views. This data is encrypted, then de-identified within seven days, and the de-identified data is deleted within 90 days. LinkedIn does not share the personal data with Insight, it only provides aggregated reports about the website audience and ad performance. LinkedIn also provides retargeting for website visitors, enabling Insight to show personalized ads off its website by using this data, but without identifying the member. LinkedIn members can control the use of their personal data for advertising purposes through their LinkedIn account settings.
LinkedIn Cookie policy: https://www.linkedin.com/legal/cookie_policy?src=or-search&veh=www.google.com%7Cor-search
Keyword Search
This website uses cookies to display keyword search history to enable a user to quickly link back to their previous searches without using the search box or navigation. When a user visits our website, their previous search keyword terms will be displayed if applicable. The search history will be stored until the user clears their cache and we can display up to 10 previous search keyword terms.
How to change your cookie settings
Cookie settings can be changed in the settings of most web browsers.
You may refuse to accept cookies by modifying the settings on your browser, for example:
· For Internet Explorer ™: http://windows.microsoft.com/fr-fr/internet-explorer/delete-manage-cookies
· For Safari ™: https://support.apple.com/en-gb/HT201265
· For Chrome ™: https://support.google.com/chrome/answer/95647?hl=en-GB&hlrm=en
· For Firefox ™: http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies
· For Opera ™: http://help.opera.com/Windows/10.20/en/cookies.html
· To opt out of being tracked by Google Analytics across all websites, visithttp://tools.google.com/dlpage/gaoptout.
Please note, if you choose to block cookies via the browser, you may not be able to access certain parts or functions of this website.
The information you provide for surveys will be used to support your relationship with Insight. Insight may use online surveys to ask visitors/customers for contact information (like their email address). We use contact data from our surveys to send the survey taker information about our company and promotional material on behalf of our partners. We may combine survey information with other data we hold about you.
The information you provide during contests and giveaways will be used to support your customer relationship with Insight. Insight may ask for contact information (like your email address). We use contact data from these events to send users information about our company and promotional material from some of our partners. The contact information is also used to contact the visitor when necessary. We may combine this information with other data we hold about you.
When you apply to work with us, we may use contact data from your application to contact you and to schedule a personal interview. As a global business, we may transfer your personal information outside of your home country, to Insight's affiliates, and to our third-party service partners. Personal information about unsuccessful candidates will be held after the recruitment exercise has been completed and may be reconsidered should an appropriate position become available. Insight will follow the applicable law as to erasure of such personal information. We may retain pseudonymised (de-personalised) statistical information about applicants to help inform our recruitment activities. Once a person has taken up employment with us, we will compile a file relating to their employment. At that stage, we will give more details about how we process and hold employee data.
Insight may use third-party service partners and a third-party recruitment tool ("Tool") which leverages artificial intelligence and machine learning technologies to process application data. The Tool will make an automated decision on the suitability of your application based on predefined criteria, helping us filter candidates for careers at Insight; for example, when applying for a technical cloud-based role, the tool will look for experience, job titles, tenure, and skills which match our requirements. Candidates have the option to utilise a "Get Matched" function within the Tool, in which case you will be prompted to upload additional documents to the website, such as your CV, certificates and/or a cover letter. An automated algorithm compares the documents you provide with current vacancies at Insight. This enables us to provide you with further career opportunities tailored to your candidate profile. Insight's recruitment team will review the scores and profiles produced by the Tool when considering applications. Our third-party service partners may also retain pseudonymised (de-personalised) information about candidates to assist with the development of their services, which may include further machine learning to improve their artificial intelligence models. If you do not want your personal data to be used for machine learning, you can submit your application by email.
Insight will not ask you to provide any sensitive personal information at the point of application. If you include any sensitive personal information within your application, we will process it as described above and in accordance with applicable laws.
You can exercise your data protection rights at any time. If you wish to update your employment, job history, and applicant data processed by Insight or withdraw your consent for participation in future recruitment, you may contact us as outlined in the Choice/Opt-Out/Rights section of this policy.
Information Disclosure
Insight will not give or sell any information regarding you or your order and the products you purchase to any outside organization for its use in marketing or solicitation without your consent, save for the limited circumstances outlined in this policy. Your information may be shared with group companies, agents, contractors or vendors of Insight who provide data processing services to us or who otherwise process personal data for the purpose of performing services for you or Insight or for the purpose notified to you when we collected your personal data. Insight may release personal data (including personally identifiable information) when required to by law if we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, in response to a lawful request by public authorities, a court order or legal process served on Insight.
Insight may also share your personal data with a potential or actual buyer (and its agents and advisers) in connection with any proposed or actual purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal data only for the purposes disclosed in this Privacy Policy, as well as any other person with your consent to the disclosure.
We may also disclose your information if we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of the business or assets. If Insight or substantially all of its assets are acquired by a third party, personal data held may be one of the transferred assets. Any third party who acquires assets from us may acquire all or part of our business. They may not be in the same line of business as we are. Similarly, your personal information may be passed on to a successor in interest in the event of a reconstruction, liquidation or administration.
While Insight uses all reasonable efforts to safeguard your personal data, no security program is impenetrable, and criminals have been adept at circumventing widely adopted security safeguards. Accordingly you acknowledge that the use of the internet is not entirely secure and that you provide personal information to Insight at your own risk. Insight cannot therefore guarantee the security or integrity of any personal data that are transferred from you or via the internet. Any user or third party accessing Insight's website or services is responsible for its own use of the website and the services. Insight is not responsible for any third party's actions or its security controls with respect to information that third parties may collect or process via the website, services or otherwise.
Insight uses what we consider to be reasonable and appropriate organizational, technical and administrative measures to protect information under our control. This site has security measures in place to protect the loss, misuse and alteration of the information under our control. All account information you use or supply on Insight's website when ordering or tracking products is held on a system which is designed to be secure. We use reputable advanced encryption technology which the aim to protect you from unauthorized use of information supplied on our website. In addition, we may use your IP address to help diagnose problems with our server, and to administer our website. Your IP address is used to help identify you and your shopping cart and to gather broad demographic information.
Social Media Features
This website includes social media features, including Facebook "Like" button and Twitter "Follow" button. These features may collect your IP address, which page you are visiting on this website, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on this website. Your interactions with these features are governed by the privacy policy of the company providing it.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site or our online ordering facility, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Please make sure this password is unique and that you do not use this password for any other purpose. If you use another account (such as a social media account) to log on to a secure part of the Insight website, then please make sure that you keep that password secure as well. If you think that any of your passwords have been compromised, please notify us so that we can look after the security of your details on our website.
Links to Third-Party Websites and Services
This website may contain links to third-party sites. If you click on those links this will take you outside Insight's service. We cannot control and are not responsible for the privacy practices of those third-party sites. We encourage users to be aware when they leave this website, and to read the privacy statements of each website they visit. This Privacy Policy applies only to this Website.
Retention of Personal Data
We retain personal data we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your personal data, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible.
You have the following data protection rights:
- you have the right to opt-out of receiving marketing communications from us. You can exercise this right by clicking on "unsubscribe" by clicking on the "unsubscribe" or "opt-out" link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided below. You may also modify your preferences in respect of such communications here.
- you may also have the following rights (although all of these rights are subject to some conditions and exceptions):
o to access, correct, and request deletion of your personal data;
o to object to processing of your personal data, ask us to restrict said processing, and/or request portability of your personal data;
o to erasure of your personal data.
- if we have collected and process your personal data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent;
- you have the right to complain to a data protection authority about our collection and use of your personal data. For more information, please contact your local data protection authority.
You must be able to provide your name and email address or other information sufficient to allow us to identify you. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
If you would like to exercise your rights please get in touch with the relevant Insight affiliate. The contact details of each Insight affiliate are detailed on our website at here.
Postal mail should be addressed for the attention of:
· The Global Compliance Officer for North America and APAC regions; or
· The DPO (Legal Department) for EMEA countries.
Email should be sent to:
· firstname.lastname@example.com for North America and APAC regions; and
· email@example.com for EMEA countries.
Privacy Shield and Data Transfer
Following the Schrems II decision, please click here to see our statement on Privacy Shield.
Insight is a global business. As a result, the data that we may collect from you may be transferred to, and stored at, any of our locations which may be inside or outside the European Economic Area ("EEA") or Switzerland. Data may also be processed by people around the world who work for use or for one of our suppliers/vendors. These people may be engaged in, among other things, the fulfillment of your information requests, meeting your orders and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.
Insight has put in place a number of measures designed to protect data which is transferred from Europe/Switzerland to the US, including appropriate security measures to safeguard your personal data. Insight maintains a network of specific agreements to require contracting parties to observe data protection legislation. Insight Enterprises, Inc. and Insight North America, Inc. have additionally signed up to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. You can find out more about both Privacy Shield Frameworks and view Insight's certifications here https://www.privacyshield.gov/Program-Overview. Insight complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the EU and Switzerland to the United States, respectively. Insight has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement and liability. We are committed to following the Privacy Shield Frameworks. We are also committed to supervising third parties where we have transferred data to them after a Privacy Shield data transfer to us and we accept our liability in cases of onward transfer of data to third parties.
If you believe Insight maintains your personal data within the scope of the Privacy Shield Frameworks, you may direct any of your inquiries or concerns concerning our Privacy Shield compliance to firstname.lastname@example.com. In compliance with the Privacy Shield Principles, Insight commits to resolve complaints about our collection or use of your personal information. Individuals in the European Union (EU) with inquiries or complaints regarding our Privacy Shield policy should first contact firstname.lastname@example.com. Insight will respond within 30 days. In the unlikely event that we fail to respond within 30 days, or if our response does not address your concern, Insight will undertake to refer the concern to our Global Compliance Officer who will investigate the matter and communicate with you within 14 days.
Insight has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you. You can also follow that link for a description of the range of potential remedies. There are more details on the arbitration requirements of the Privacy Shield Framework at https://www.privacyshield.gov/.
If you do not find the proposed solution satisfactory, Insight will resolve the EU-U.S. Privacy Shield disputes under dispute resolution procedures of the panel established by the EU data protection authorities (DPAs) to resolve disputes pursuant to the Privacy Shield Principles. If your matter involves the Swiss-U.S. Privacy Shield, Insight is committed to resolve the dispute in cooperation with the Swiss Federal Data Protection and Information Commissioner. Insight additionally commits to co-operate with EU/Swiss Authorities and comply with the advice given by such Authorities with regard to human resources data transferred from the EU/Switzerland in the context of the employment relationship. The EU/Switzerland DPAs may be contacted directly via the information provided at http://ec.europa.eu/justice/data-protection/bodies/index_en.htm and www.edoeb.admin.ch, respectively.
Under certain and limited conditions, you may have the possibility to invoke last resort binding arbitration by a "Privacy Shield Panel" composed of at least 20 arbitrators designated by the U.S. Department of Commerce and the European Commission.
Insight is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).
In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield and Swiss-US Privacy Shield, Insight is potentially liable. Insight will continue to adhere to the Privacy Shield Principles for as long as it retains your personal information.
Updates to this Privacy Policy
We may change this Privacy Policy as our business continues to evolve. When we update our Privacy Policy, we will take appropriate measures to inform you in case of significant modifications, consistent with the significance of the changes we make. Please take a look at the "Last Updated" legend at the bottom of this page to see when this Privacy Policy was last revised.
Last Updated January 2023

subset: commoncrawl


text:
Arnold Steelone
Arnold Steelone is a character referred to in Grand Theft Auto III, although he is never seen in the game. He is an actor who is working on a film called the Top Down City. His name is an obvious reference to famous actors Arnold Schwarzenegger and Sylvester Stallone.


text:
Editor's Note: Meg Urry is the Israel Munson professor of physics and astronomy and chairwoman of the department of physics at Yale University, where she is the director of the Yale Center for Astronomy and Astrophysics
Story highlights
On April 27, NASA satellites detected massive gamma-ray burst, strongest in decades
Meg Urry says the event sent jets of charged particles in Earth's direction
She says it likely was the collapse of a huge star into a black hole
Urry: The event was a lucky one for astronomers who will now have much to analyze
On April 27, NASA's Fermi and Swift satellites detected a strong signal from the brightest gamma-ray burst in decades. Because this was relatively close, it was thousands of times brighter than the typical gamma-ray bursts that are seen by Swift every few days. Scientists are now scrambling to learn more.
We already knew that when the biggest stars run out of fuel, they don't fade quietly away. Instead, they explode in a blaze of glory known as a supernova. These stellar explosions are often bright enough to be seen by us even though they are in galaxies billions of light-years from our own Milky Way galaxy home.
In very rare cases – such as GRB130427A (tagged with the date of its discovery) – astrophysicists are lucky enough to see energetic gamma-rays from hyperfast jets of outflowing material consisting of charged particles created during a massive star's violent death throes.
This means GRB130427A's jets must be aimed toward Earth – purely by chance, of course. For every jet pointed at us, there are hundreds of exploding stars across the universe whose jets point randomly in other directions. Telescopes on other planets in those directions could see those jets, and we might see the exploding stars as supernovae, but we don't see the bright gamma-ray flashes from jets beamed away from us.
In the hours after this unusual gamma-ray burst was discovered, astrophysicists rushed to learn more.
Thanks to observations made with the Gemini ground-based optical telescope in Hawaii, it quickly became clear that GRB130427A was superbright primarily because it lay only a few billion light years away. Had it been situated in a much more distant galaxy – as many gamma-ray bursts are – its signal would have been relatively feeble.
The proximity of GRB130427A means we can learn a great deal about it.
For example, most of the energy from supernovae is thought to be carried away by neutrinos – the lightweight, difficult-to-detect particles that are so important to understanding the fundamental laws of nature.
The world's most powerful neutrino telescope, IceCube, uses Antarctic ice as the detector volume, with electronic equipment sunk throughout a cubic kilometer of ice – enough water to fill a million swimming pools – to detect signals from neutrinos interacting with the ice.
If there is a supernova associated with this gamma-ray burst, a big optical flash should be seen any day now by ground-based telescopes, preceded by a flood of neutrinos. (The neutrinos are emitted at the time of collapse, while the optical light is the consequence of explosive debris hitting material surrounding the star a bit later.)
Interestingly, an April 18 paper in the journal Nature reported that upper limits for neutrinos measured from IceCube are low enough that gamma-ray bursts are unlikely to be the sole source of ultra-high energy cosmic rays. Just nine days later, the bright nearby burst happened, leading to the Fermi detection of the highest energy gamma-ray ever.
Now there is a real chance IceCube will make the first detection of astrophysical neutrinos, from the supernova associated with GRB130427A.
Want to know more technical details? Here is some background information about light and about the deaths of stars:
Gamma-rays are the most energetic form of light, with wavelengths far shorter than ordinary optical light (the light your eye can see), or even ultraviolet or X-ray light.
The energy of a packet of light – or "photon" – is inversely proportional to its wavelength. Since the wavelength of an X-ray photon is approximately 1/1,000 of the wavelength of optical light, for example, an X-ray photon has 1,000 times the energy of an optical photon. This is why X-rays can penetrate your skin and soft tissue – though not bone – while sunlight mostly reflects off your skin.
Gamma-rays have thousands to millions or even billions of times the energy of ordinary sunlight. Being highly energetic, they are hard to produce and very rare. So when we detect gamma-rays from space, we know they signal intensely hot, extreme events.
Stars, such as our sun, are giant balls of gas held together by gravity. Acting alone, gravity would cause stars to collapse completely, but as long as energy is produced at their centers by nuclear fusion (the joining of atomic nuclei to form new elements, as in a hydrogen bomb), the star is heated and puffed up. During this phase, stars radiate that heat, shining brightly like our sun, mostly at optical wavelengths.
It is an interesting triple "coincidence," which probably evolved over time, that our eyes are most sensitive to yellow-green light, which happens to be the characteristic color of sunlight as well as the color that can most easily be transmitted through the Earth's atmosphere.
When nuclear fusion uses up a star's fuel, in the central high-pressure stellar core where fusion occurs, the star will collapse fairly violently. Depending on its initial mass, it might collapse to a compact hot star known as a white dwarf (when the star's mass is less than 1.4 times the mass of our sun) or to a neutron star (for stars 1.4 to about three times the mass of our sun) or to a black hole (for stars more massive than three times the mass of our sun).
A black hole collapse is very violent and not well understood at present. Theorists believe the rapid collapse generates heat that ignites the explosion. The explosive energy is released in the form of neutrinos, light (mostly gamma-rays), and a pair of relativistically outflowing emitting jets.
That's why an event such as GRB130427A probably signals the collapse of a massive star into a black hole.
Incidentally, if not for supernovae, we wouldn't be here.
Every single atom of your body that is not hydrogen or helium was created in the fiery interior of a massive star. The supernova explosion disperses these elements throughout interstellar space, where they become the building material for new planets. When Earth formed out of such materials – iron, manganese, calcium, silicon, oxygen, nitrogen, carbon, etc. – organic chemicals, then cells, then organisms, then humans were able to evolve.
In the 1960s, NASA launched the first gamma-ray satellites to look for signals of intense radioactive decay on Earth, which could be generated by nuclear explosions. In other words, detecting gamma-rays was a way to spot nuclear tests.
Years later, scientists examining data from the Vela satellites found gamma-ray bursts – but they were coming from space, not from human activities on the ground. Since that time, gamma-ray bursts have been one of the most interesting phenomena in the cosmos. They are incredibly luminous, with most of the energy of a stellar explosion packed into a few seconds or less, so they represent a kind of extreme physics.
Thousands of gamma-ray bursts have been studied for more than 40 years. Because of its proximity, GRB130427A generated more gamma-rays, over a longer time and at higher energies, than any detected previously by the Fermi or Swift satellites.
Astrophysicists can't be successful just because they are clever and hard-working. They also have to be lucky.
On April 27, nature smiled on the Earth's astrophysical community in the form of GRB130427A, a powerful laboratory for understanding relativistic jets, black holes and stellar collapse. Now the experimental analysis begins.
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The opinions expressed in this commentary are solely those of Meg Urry.


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ViroPharma Incorporated to Participate in the Leerink Swann and Company Rare Disease Conference
EXTON, Pa., Sept. 27, 2013 /PRNewswire/ -- ViroPharma Incorporated (Nasdaq: VPHM) today announced that the company will present at the Leerink Swann Rare Disease conference at 1:40 PM ET on Wednesday October 2, 2013. The conference is being held at the Parker Meridien Hotel in New York City.
ViroPharma's presentation will be webcast live for investors through www.viropharma.com and available for a period of 14 days following the conference.
About ViroPharma Incorporated
ViroPharma Incorporated is an international biopharmaceutical company committed to developing and commercializing novel solutions for physician specialists to address unmet medical needs of patients living with diseases that have few if any clinical therapeutic options. ViroPharma is developing a portfolio of therapeutics for rare and Orphan diseases including C1 esterase inhibitor deficiency, cytomegalovirus (CMV), Friedreich's Ataxia, eosinophilic esophagitis (EoE) and adrenal insufficiency. Our goal is to provide rewarding careers to employees, to create new standards of care in the way serious diseases are treated, and to build international partnerships with the patients, advocates, and health care professionals we serve. ViroPharma's commercial products address diseases including hereditary angioedema (HAE), seizures in children and adolescents, adrenal insufficiency and C. difficile-associated diarrhea (CDAD). For full U.S. prescribing information on our products, please download the package inserts at http://www.viropharma.com/Products.aspx; the prescribing information for other countries can be found at www.viropharma.com.
ViroPharma routinely posts information, including press releases, which may be important to investors in the investor relations and media sections of our company's web site, www.viropharma.com. The company encourages investors to consult these sections for more information on ViroPharma and our business.
SOURCE ViroPharma Incorporated
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Weed ID App
Based on the acclaimed Encyclopaedia of Arable Weeds and developed in association with ADAS, the BASF Weed ID app aims to provide an easy to use reference guide to the major broad-leaved weeds and grass-weeds in the UK supporting weed identification of 140 species.
* "Mapmyweed" tool is available for iPhone and Android phone only.
The Main features
- Quick and easy access to extensive weed library; >140 species, >1000 images
- Full description of each weed species at cotyledon, young plant and mature plant growth stages supported by accompanying pictures aiding identification
- Detailed grass-weed line drawings to highlight distinguishing features often too difficult to see from a photograph
- Interactive search of weed library via Weed ID Filter, Common Name List, Scientific Name List, or Free Text Search
- Map-my-Weed tool to help pinpoint location of weeds on a google map; assign name, size of patch and year*
- Option to photograph the weed in your field and use to directly compare with images in the app library
- Export your weed photo and it's GPS location by email to customers / colleagues at the touch of a button
- Simple and fast interface
The BASF Weed ID app brings weed identification right up to date, forgoing the need to take books into the field to identify potential weed species. Whatever crop you are growing, it is an essential part of good agricultural practice to know the weed species you need to control in order to use the most appropriate herbicide. This app has been designed to be an easy to use in-field practical aid to Crop Advisors, Growers, Trainee Agronomists and Agricultural Students. Correctly identifying weeds is the first step to effective control – download our smart, easy to use tool today.